(PC) Turner v. M. Pallares

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

TREAUNA TURNER, ) Case No.: 1:21-cv-1721 JLT BAM ) Plaintiff, ) ORDER DISMISSING THE ACTION PURSUANT ) TO RULE 25 OF THE FEDERAL RULES OF v. ) CIVIL PROCEDURE AND DIRECTING THE ) CLERK OF COURT TO CLOSE THIS CASE M. PALLARES, et al., ) ) Defendants. ) ) )

Defendants filed a Notice of Death of Plaintiff Treauna Turner on May 16, 2021. (Doc. 72.) Defendants then served Plaintiff’s son, Lorenzo Clay III, with the notice on May 19, 2024. (Doc. 74.) Following the filing of the proof of service upon Mr. Clay, the Court notified the parties that any motion to substitute Plaintiff was due within 90 days of service upon Mr. Clay, or not later than August 19, 2024. (Doc. 75 at 2-3.) Pursuant to Rule 25(a)(1) of the Federal Rules of Civil Procedure, an action may continue with a decedent’s successor or representative. However, a decedent’s successor or representative may file a 24 …